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MEMORANDUM OF AGREEMENT FOR WORK IMMERSION

PARTNERSHIP

This memorandum of agreement is entered into this 13 th of March, 2023 by


and between:

The BALUAN NATIONAL HIGH SCHOOL, with school Identification Number


304611, a public high school, with principal address at Baluan, Palimbang,
Sultan Kudarat represented in this Agreement by its Principal, Emmanuel C.
Mabayag, Filipino, of legal age, and hereinafter reffered to as the school;

-and-

The Local Government Unit of Municipality of Palimbang, Province of Sultan


Kudarat, of the Republic of the Philippines, with principal address at Baluan,
Palimbang, Sultan Kudarat, represented un this Agreement by its Local Chief
Executive _______________, Filipino, of legal age, hereinafter reffered to as
the “LGU”.

WITNESSETH:

WHEREAS, the Department of Education of the Philippines, hereinafter


referred to as “DepEd”, is the primary government instrumentality mandated
to formulate, implement, and coordinate policies, plans, programs and
projects in the areas of formal and non-formal basic education; supervise all
elementary and secondary education institutions, including alternative
learning systems, both public and private; and provide for the establishment
and maintenance of a complete, adequate, and integrated system of basic
education relevant to the goals of national development;

WHEREAS, the DepEd has introduced the K to 12 basic education reform


program that includes Senior High School, hereinafter referred to as “SHS”,
with the major objective of ensuring that graduates of basic education are
ready for employment, entrepreneurship and higher learning;

WHEREAS, the SHS curriculum can be customized at the local levels to take
into consideration the needs of local industries and the labor market;

WHEREAS, the DepEd believes that for the effective delivery of SHS
instruction, there is a need for school-industry partnerships that will provide
the school the necessary expertise and venue for practical, on-the-job,
enterprise-based training for SHS learners;

WHEREAS, the DepEd will start full implementation of SHS in School Year
2016-2017;

WHEREAS, the SCHOOL is among those that will offer SHS to students in
the community to carry out DepEd’s objectives for SHS as spelled out above;

WHEREAS, to achieve this objective, the SCHOOL needs to enter into a


Work Immersion Partnership with the LGU;

WHEREAS, the LGU operates in the area where the School is located and
has offices, facilities, project sites, and expertise that it can make available to
the School for purposes of student work immersion;

WHEREAS, the LGU considers going into a work immersion partnership with
the School as part of its mission to create a positive impact on the community,
especially the young people;

WHEREAS, the institutionalization and implementation of the K to 12 program


is among the priority programs of the Government for promoting inclusive
growth;

WHEREAS, the LGU is encouraged to fully support the sucessful


implementation of K to 12 Program of the Department of Education as stated
in paragraph 4, section 2 of the Republic Act 9155 or “ Governance of Basic
Education Act 2001”.

WHEREAS, the LGU recognizes the need for a work immersion environment
that is safe for the students and teachers, and conducive to learning, and has
the capability to provide these;

WHEREAS, the SCHOOL and the LGU, hereinafter collectively referred to as


“the PARTIES”, undertake to collaborate for the successful implementation of
SHS in Barangay Baluan, Palimbang, Sultan Kudarat, cognizant of the need
for special protection of the child and with the best interest of the SHS
learner at heart;

NOW, THEREFORE, for and in consideration of the foregoing premises, the


PARTIES hereby agree as follows:

DESCRIPTION OF THE WORK IMMERSION PROGRAM


With the passage of the Enhanced Basic Education Act of 2013 or Republic
Act 10533, the DepEd was tasked to implement the K to 12 Program,
essentially adding two (2) years of specialization within the Basic Educational
System;

The DepEd designed the implementation of RA 10533 within the framework of


increased community involvement in the learner’s experience;

With this premise, the DepEd, offers venues for various stakeholders to
participate in the implementation of RA 10533 and, the same offer, accepted
by the PARTIES herein;

The Work Immersion Program is one of the course requirements for


graduation. A SHS student has to undergo work immersion in a business
organization or establishment with work requirements related to the
specialization. Through work immersion, the students are exposed to and are
familiarized with the work-related environment related to their field of
specialization. Specifically, the students are able to:

1. Appreciate the importance and application of the principles and theories


learned in school;
2. Enhance their technical knowledge and skills;
3. Enrich their skills in communication and human relation;
4. Develop good work habits, attitudes, appreciation and respect for work.

I. OBJECTIVES OF THE WORK IMMERSION PARTNERSHIP

The Work Immersion Partnership has the following objectives:

1. To supplement the formal curriculum of the SHS program with special


inputs coming from the LGU experts and practitioners in order to make
to align the SHS program with work standards;
2. To develop in the students of the SHS program the knowledge and skills
that are relevant to the needs of the job market in the area
3. To provide SHS students relevant learning experiences by giving them
exposure to the actual workplace setting.
4. To form Work Immersion Partnership between the SCHOOL and the
LGU, allowing the students, faculty and staff of the schools concerned
the use of and access to the LGU workplace and equipment as part of
their Work Immersion Program.

II. RESPONSIBILITIES OF THE PARTIES

A. Joint Responsibilities

Both the SCHOOL and the LGU shall:


1. Create a joint working group that will prepare the action to
operationalize the partnership.

2. Form a joint steering committee to monitor the progress of the


partnership and to make sure that the provisions of this Memorandum of
Agreement (MOA) are met.

3. Adhere to all laws, memorandums, and circulars especially those


pertaining to child protection as provided for the Guidelines for Work
Immersion (Guidelines).

4. Develop the students’ Work Immersion module specifying goals and


objectives, desired outcomes of the program and how these outcomes
will be achieved, also noting the specific knowledge, skills, attitudes and
competencies that the student should acquire after completing the
program.

5. Develop a Work Immersion Daily Schedule of Activities that will be


followed by the students during the whole duration of the Work
Immersion inside the LGU
.
6. Formulate local school work immersion policies and guidelines on
selection, placement, monitoring, and assessment of students
(immersion participants), in order to ensure that each student is
assigned to an immersion partner matched to his/her desired track,
qualifications and aptitude.

B. Responsibilities of the SCHOOL

The SCHOOL, shall:

1. Identify and indicate the SHS track/s, strand/s, and/or specialization/s


which will be the subject of the partnership.

2. Make the needed adjustments to contextualize the SHS subjects based


on inputs from the LGU.

3. Designate a person in charge of coordinating with the LGU and


supervising the activities of the students for the duration of the Work
Immersion Program.

4. Provide insurance coverage for learners during the Work Immersion


program.

5. Continue to exercise its Special Parental Authority under the Family


Code over the Senior High School student under immersion in the
premises of the partner.
6. Monitor each student’s progress throughout the duration of the entire
work immersion program so as to make sure that the tasks assigned to
each student are meaningful, challenging, and applicable to his/her
particular programs and are able to maximize the quality of the learning
experience.

7. Provide the LGU an evaluation tool for the students’ immersion


performance.

8. Issue a final grade to the student upon completion of the requirements


within a prescribed period.

9. Ensure that the student will adhere to the non- disclosure policies of the
Municipalities/ City/ Province as agreed to by the SCHOOL.

10. Provide signed Consent forms from the parents as applicable.

11. Provide the LGU a Certificate of Participation in the SHS program for
whatever purpose it may serve.

12. Execute a deed of acceptance as a way of recognizing and


acknowledging the donation/s received from the LGU.

C. Responsibilities of the LGU :

The LGU shall:

1. Assigned a competent Immersion Coordinator from the LGU to liaise


with the School and supervise the students without prejudice to the
special parental authority of the school, its administrators and teachers
for the duration of the work immersion program so as to ensure efficient
implementation of all stages of the program.

2. Provide inputs into the curriculum through the discussions or workshops


that DepEd will organize.

3. Lend its expertise by making available its resident resource persons to


provide training to the students.

4. Allow the students to be deployed to the different


sections/departments/project sites of the LGU based on the Work
Immersion Daily Schedule of Activities.

5. Agree to the required number of hours of the immersion program set


under the DepEd SHS curriculum.

6. Provide immersion opportunities for students 25 for School Year 2022-


2023.
7. Provide students with an orientation about the LGU, the job as well as
expose them to the various stakeholders of the community in which it
operates for the students to get a holistic understanding of the LGU.
.
8. Similarly, ensure that students undergo training related to their course,
and provide the students with work or activities based on activities listed
in the prescribed template for the Immersion Program of Activities.

9. Make its workplace and facilities available to students and teachers, and
similarly take all necessary action to ensure the safety of students within
their areas of operation at all times, which shall include, but shall not be
limited to, the provision for Personal Protective Equipment (PPE’s), if
applicable. Ensure that the students will not be exposed to hazardous
materials and working environment throughout the duration of the
immersion.

10. Evaluate students’ performance in the immersion venue by


accomplishing provided evaluation tool.

11. Issue a Certificate of Completion to the student trainees upon


satisfactory compliance with all requirements of the program.

12. Execute a deed of donation in favor of DepEd for the completed Work
Immersion Partnership.

III. EFFECTIVITY

This agreement shall hold for the duration of the 2022- 2023 Academic School
Year and is renewable every year. The LGU and the SCHOOL shall submit
their intention for renewal of this agreement through formal notice within thirty
(30) days before the expiration of this Agreement.

The LGU and the SCHOOL reserve their respective rights to terminate their
participation in the agreement after the duration of this Agreement through
formal written notice within thirty (30) days before the effectivity of the
termination. Both parties shall turnover all deliverables agreed thereto in the
Work Immersion Program. Termination shall be subject to the mutual
agreement between the parties.

A material breach of the Work Immersion Guidelines and/ or this MOA shall
constitute a ground for termination of the MOA, in whole or in part, by the
aggrieved party, without prejudice to other legal remedies.
IV. LIABILITY

The school, its administrator and teachers exercising authority and


supervision over the Senior High School Student undergoing immersion in the
premises of the partner may be held accountable for the student’s acts.

Each party shall answer for losses and damages arising from any accident,
act, or omission directly attributable to its fault or negligence, which may
cause death or bodily injury to any persons, or loss or damage to property, by
or on account of the performance of the respective obligations by the parties
pursuant to this Agreement. Such responsibility shall continue to remain that
of the responsible party’s even after the termination of this agreement, if such
losses and damages were incurred during the effectivity of this agreement.

DepEd shall not be liable for opportunity losses of the LGU during the duration
and after the termination of this agreement.

V. NON-DISCLOSURE PROVISION

It is expressly understood by DepEd and the students that all information on


technology, manufacturing process, process standards, quality assurance
methodologies, quality standards, production capabilities, raw material
purchasing, marketing, finance, and all other related documents, manuals,
operational and technical matters that the LGU shall make available to them
shall be used for the sole purpose of student training. All of these matters are
classified as confidential in nature and proprietary to the LGU and thereby
each student hereby undertakes to prevent transfer of such information by
any of its members to any party outside of the LGU.

VI. OWNERSHIP OF OUTPUT AND INTELLECTUAL PROPERTY

Intellectual properties developed by student as part of his/ her regular Work


Immersion duties in the LGU and their corresponding copyrights and/or
patents shall belong to the LGU.

Intellectual properties developed by the students outside of his or her regular


Work Immersion duties in the LGU and their corresponding copyrights and/or
patents shall belong to the student, even if the student used the time,
facilities, materials of the LGU, unless otherwise stipulated in a separate
agreement between the student and his or her parent or guardian and the
LGU.

The above provisions shall apply in proportion to the intellectual properties


developed by the student in case intellectual property is jointly developed by
the student with an employee or personnel of the LGU, unless otherwise
stipulated in a separate agreement between the student and his or her parent
or guardian and the LGU.

VI. OTHER PROVISIONS

It is expressly understood by the PARTIES that the LGU is not obliged to pay
wage or salary since there is no employer-employee relationship that exists.
However, the LGU is not precluded from providing the student with any
monetary or financial assistance in the form of transportation fee, food
allowance, etc.

In determining the existence of an employer-employee relationship, the


following elements are considered: (1) the power to hire; (2) the payment of
wages; (3) the power to dismiss, and (4) the power to control the employee’s
conduct, with the control test generally assuming primacy in the overall
consideration.

No employer-employee relationship exists between the student and the


partner in Work Immersion if all the following criteria are met:

1. The training, even though it includes actual operation of the employer’s


facilities, is similar to training provided in an educational program.
2. The training is for the benefit of the student.
3. The student does not displace regular employees, and works under
close supervision.
4. The students are not entitled to a job at the conclusion of the training
period and are free to take jobs elsewhere in the same field.
5. Any clinical training is performed under the supervision and direction of
people who are knowledgeable and experienced in the activity.
6. The training is general, and qualifies the student to work in any similar
business. It is not designed specifically for a job with the employer that
offers the program.
7. The screening process for the immersion program is not the same as for
employment, and does not appear to be for that purpose. The screening
only uses criteria relevant for admission to an independent educational
program.
8. Advertisements, posting, or solicitations for the program clearly discuss
education or training, rather than employment, although employers may
indicate that qualified graduates may be considered for employment.

FOR THE SCHOOL FOR THE LGU

EMMANUEL C. MABAYAG JOENIME B. KAPINA


School Head Municipal Mayor

WITNESSED BY:
JUARELLE SHAYNE B. CAROLINO __________________
ALS/SHS- Coordinator Municipal Agriculturist

APPROVED BY:

LEONARDO M. BALALA, CESE


Schools Division Superintendent
Department of Education

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